Title 47, Chapter 2, Section 318
( 47-2-318)
(a) As used in this Code section, the term: (1) "Georgia Environmental Facilities Authority" or "authority"
means the Georgia Environmental Facilities Authority established
by Article 1 of Chapter 23 of Title 50, known as the "Georgia
Environmental Facilities Authority Act." (2) "Officer or employee" means the executive director of the authority and any other full-time employee of the authority employed pursuant to the provisions of paragraph (5) of subsection (b) of Code Section 50-23-5. (3) "Proof of prior employment" means pay records, income tax
withholding records, or other records of the authority or its
predecessor agency which are sufficient to establish to the
satisfaction of the board of trustees the prior employment record
of an officer or employee of the authority. (4) "Predecessor agency" means the Georgia Development Authority
provided for by Chapter 10 of Title 50. (b) Effective July 1, 1988, or on the date of employment, each
officer or employee of the authority shall become a member of the
retirement system. (c)(1) This subsection shall apply only to an officer or employee
of the authority holding office or employed on July 1, 1988, who,
prior to becoming such an officer or employee or an officer or
employee of the predecessor agency, had 11 or more years of
creditable service under the retirement system for which
contributions to the retirement system have not been withdrawn. (2) An officer or employee of the authority who is subject to the
provisions of this subsection shall, upon furnishing proof of
prior employment to the board of trustees, be eligible to receive
creditable service under this retirement system for prior
employment as an officer or employee of the authority or its
predecessor agency, subject to the requirements of this
subsection. Any such officer or employee must pay to the board of
trustees the employee contributions, plus accrued regular interest
thereon, which would have been paid during the period of prior
employment if the officer or employee had been a member of the
retirement system during such period. The authority shall be
authorized to pay from any funds available to the authority the
employer contributions, plus accrued regular interest thereon,
which would have been paid during such period of prior employment.
For a member claiming creditable service for prior employment
under this subsection, the board of trustees shall determine the
period of time that the payments to the board of trustees provided
for under this subsection will fund as creditable service under
the retirement system without creating any additional accrued
liability of the retirement system. Except as otherwise provided
in paragraph (3) of this subsection, the amount of creditable
service so determined shall be the creditable service to which the
member is entitled. (3) The authority shall be authorized to supplement, if necessary,
the payments made to the board of trustees under paragraph (2) of
this subsection in an amount, as determined by the board of
trustees, which will fully fund as creditable service the total
amount of prior employment of the officer or employee without
creating any additional accrued liability of the retirement
system. If such supplement is paid to the board of trustees by
the authority, the officer or employee shall receive full
creditable service under the retirement system for all prior
employment as an officer or employee of the authority. (4) An officer or employee of the authority who is subject to the
provisions of this subsection shall have the same membership
status under the retirement system which the person had during the
person's previous service as a member of the retirement system.
Nothing in this subsection shall be construed to limit the right
of an officer or employee of the authority who is subject to the
provisions of this subsection to retain or reestablish creditable
service for previous service as a member of the retirement system. (d) Any officer or employee of the authority who was already a
member of the retirement system on July 1, 1988, and any member of
the retirement system who, without any break in service, becomes an
officer or employee of the authority on or after July 1, 1988, shall
continue in the same membership status without any interruption in
membership service and without the loss of any creditable service. (e) Except as otherwise provided in subsections (c) and (d) of this Code section, an officer or employee of the authority becoming a member of the retirement system pursuant to the provisions of this Code section shall be subject to the provisions of Code Section 47-2-334. (f) All employer contributions, including employee contributions
made by the employer on behalf of members, which are required by
this chapter shall be made for members who are subject to the
provisions of this Code section from funds appropriated to or
otherwise available for the operation of the Georgia Environmental
Facilities Authority. The authority shall deduct from the salaries
payable to such members the additional employee contributions
required by this chapter. |